2008 (10) TMI 149

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..... on 78 and penalty of Rs. 100/- per day u/s 76 - Commissioner (Appeals) setting aside the penalty holding that mala fide is absent, is not correct - Commissioner (Appeals) is not correct to extend the benefit under Section 80 - impugned order passed by the Commissioner (Appeals) is set aside - Adjudication Order is restored – since tax was paid before issue of SCN, penalty u/s 78 and 76 are reduced .....

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..... . 100/- per day for non-filing of the Returns under Section 76 of the Act along with interest. The Commissioner (Appeals) set aside the penalty under Section 78 and reduced the penalty to Rs. 5,000/- under Section 76 of the Act. Hence, the Revenue filed this appeal. 2. Heard the ld. DR on behalf of the Revenue. None appeared on behalf of the Respondent. 3. The Respondent requested to decid .....

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..... ondent. The Commissioner (Appeals) observed that no mala fides on this account can be attributed to the Respondent as they were appointed as C F Agent. The Adjudicating Authority observed that the Respondent had intentionally entered into agreement to save the tax and mislead the Revenue department. In view of the above, it appears that the Respondent had knowingly entered into agreement to the pr .....

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